Written by Jill Nossa Friday, 20 July 2012 00:00
After several weeks of proceedings, the City of Glen Cove’s request for a restraining order against 4 Park Place Corporation, owned by John Doxey, was approved by the Honorable Richard J. McCord, Glen Cove City Court judge, on Friday, July 13. The court’s order prohibits the corporation from continuing its scrap metal processing and junkyard operation adjacent to the city’s waterfront, and from conducting any further activities at the property in violation of the city’s zoning ordinance.
“This order protects the city’s sensitive waterfront, and upholds the integrity of our zoning laws. Judge McCord’s decision will ensure that 4 Park Place Corporation and Mr. Doxey shall not be able to continue demolishing commercial vehicles loaded with hydraulic fluid and motor oil adjacent to Glen Cove Creek, and that this property shall only be used in a manner that does not violate the city’s zoning laws, does not threaten the environment, and only for such activities that are permitted and lawful,” said Glen Cove Mayor Ralph Suozzi.
The Nassau County District Attorney announced Doxey’s arrest in May. He was charged with 10 counts of endangering public health, safety or the environment in the third degree and 10 counts of discharge of pollution into the waters of the State of New York without a state pollution discharge elimination system permit.
On June 16, the city commenced a zoning enforcement action against 4 Park Place Corp., alleging that its business, which dismantles abandoned trucks and industrial equipment filled with motor oil and hydraulic fluids using large excavators and open flames, violates the city’s express prohibition of “junkyards” in the I-3 zoning district. The city contends that the business never applied for, or received, any permits, licenses or site plan approval from the city to transform the former parking lot into a demolition and debris area.
Based upon the testimony of representatives of the City of Glen Cove Building Department, The New York State Department of Environmental Conservation and Glen Cove Police Department, the court found that there was a likelihood of success that the city will prove at trial that Doxey’s operation is a prohibited “junkyard” under the city’s zoning ordinance, and that permitting such use to continue could result in imminent danger to the city and its inhabitants.
Director of the building department, Richard Summa, stated, “The city is eager to complete the proceedings before the city court to ensure that the court’s prohibition on 4 Park Place Corporation’s operations at the property becomes permanent. It is an illegal use, and Mr. Doxey should not be able to profit from it, while putting the health and safety of the people of Glen Cove at risk.”
Doxey’s arraignment in city court on the zoning enforcement action was scheduled for July 17, though neither the city attorney’s office nor Doxey’s attorney could be reached for comment on the proceedings by press time.